Online Dispute Resolution- A Catalyst to Boost the Infrastructural Growth
Posted: May 14, 2018
The Systems, which are designed for public purpose, should keep on changing with the rising demands. Systems, which resist advancements, would definitely see a pitfall and fail to deliver the intended objectives and services. History serves us bountiful examples where systems failed to meet the objectives of public governance and became redundant. India too witnessed and experienced such systems. But, the Government of India (GoI), in the recent times, has been receptive to the worldly changes in public systems. It paved red carpet for different technologies that cater the public interest. It also guided its departments and bodies to embrace Information technology to its core. Many policy level changes have made by the GoI in support of Digital Transformation. It has also launched the ambitious Digital India program with an aim to digital empower India with ITES (Information Technology Enabled Services). Among all of its tech-based initiatives, Online Dispute Resolution (ODR) portal is the ground-breaking thing in the recent past. Mr Akhilesh Srivastava, who is CGM of IT and Highway operations in the National Highways Authority of India (NHAI), is one of the instrumental persons in crafting the ODR portal to its present form.
The GoI asked the Ministry of Law and Justice to look after the development of ODR portal and come up with suggestions. The Ministry knocked the doors of Construction Industry Arbitration Council (CIAC) to assist it in framing the architecture of ODR portal. The CIAC, which was established under a Memorandum of Understanding (MoU) between Construction Industry Development Council (CIDC) and Singapore International Arbitration Centre (SIAC), established a committee with experts from legal and non-legal bodies to draft suggestions pertaining to the ODR portal. Mr Akhilesh Srivastava, who is known for his Tech-savvy skills, has been roped into the committee along with Mr ArjitPaswal, a retired judge.
If the ODR portal starts working with its full potential, then it would set a new precedent in the way one approaches legal system in India, where a lot of legal issues has been hampering the progress of developmental projects. Legal experts hail the launch of ODR portal and are hoping that this portal could absorb and share the burden of pending cases that have been resting in the Indian courts for decades.
The ODR portal would make way for young arbitrators and tech-professionals to enter into not so popular arbitration sector. And, this portal is going to throw new and progressive opportunities by shutting the doors of Pandora’s Box. The construction industry is going to be one of the largest beneficiaries of ODR portal, as many of the construction projects got stalled due to unwarranted legal problems. The National Highways Authority of India, which has been executing many highways developmental projects, is hoping that ODR portal could shed the fears of global investors and improves the confidence in India’s legal system thereby attracting investments from overseas players and domestic players. To conclude, the ODR portal can be termed as one of the outstanding outcomes of the government of India’s efforts in its path to embracing digital transformation.
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Varshakhare is a software engineer with extensive experience and management skills and works for a hi-tech marketing company. VarshaKhare has a B.SC in computer sciences from the Lovely Professional University.